BABU Vs. STATE OF M P

JUDGEMENT

(1.) The Appellants having been convicted under Section 302 of the Indian Penal Code and sentenced for imprisonment for life have preferred this appeal on grant of leave by this Court.

(2.) According to the prosecution, on 22nd December, 2010, the Station House Officer of Police Station, Alot received telephonic information that a dead body of a young boy is lying near Gharola Temple. The aforesaid information was recorded in the Station Diary and the Station House Officer along with the police force reached the place of occurrence. There they found the dead body of a boy aged between 13-14 years. The inquest report was prepared and the dead body was sent for post-mortem examination. Dr. B.L. Chaturvedi (P.W.10) conducted the post-mortem examination and found that the deceased died of strangulation.

(3.) During the course of investigation, it transpired that the deceased was last seen in the company of the Appellants at a liquor shop and a jilebi shop and thereafter he was not seen alive. The Appellants were arrested and their disclosure led to the recovery of the pajama of the deceased and underwears of the accused which were seized and sent to the Forensic Science Laboratory for examination. According to the report (Exhibit-21), pajama of the deceased and underwears of the Appellants contained human blood and spermatozoa. The police, after usual investigation submitted charge-sheet under Sections 302 and 377 of the Indian Penal Code and the Appellants were ultimately committed to the Court of Sessions. The Appellants denied to have committed any offence and claimed to be tried. There is no eye witness to the occurrence and the prosecution sought Appellants' conviction relying on the circumstantial evidence. It mainly relied upon the evidence of P.W.1 Bheru, P.W.2 Jujhar and P.W.5 Madan, who had seen the deceased wearing pajama in the company of the Appellants in the night before the dead body was recovered. It also relied on the evidence of P.W.4 Md. Khan, who had proved the memorandum leading to the recovery of the pajama and the underwears of the Appellants and the Forensic Science Laboratory report.